Source: All England Reporter
Publisher Citation: [2003] All ER (D) 131 (Feb)
Court: Administrative Court

Moses J

Representation Michael Aspinall (instructed by the Crown Prosecution Service, Shrewsbury) for the DPP.
  David Watson (instructed by Patience Clarke & Burrowes) for the defendant.
Judgment Dates: 11 February 2003


Road traffic - Driving offence - Driving while unfit through drink or drugs - Disqualification - Special reasons - Correct test.

The Case

The court allowed the prosecution's appeal against a decision of the justices that special reasons applied as to why the defendant should not be disqualified following a conviction for driving whilst over the prescribed limit, on the grounds that the justices had failed to apply the proper test.

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